Star Reefers Pool Inc v JFC Group Co Ltd - QBD (Comm Ct)(HH Judge Chambers QC) - 23 August 2011

(2011) 829 LMLN 1

Charterparty - Guarantee - Owners commencing arbitration against charterers claiming damages for breach of charter - Whether owners entitled to take court proceedings against guarantors of charterparty prior to conclusion of arbitration proceedings - Whether charterers/guarantors in breach of charter

By a charterparty dated 4 April 2008 (“the April charterparty”) the claimant owners chartered the reefer vessels Almeda Star and Avelona Star to Kalistad Ltd (“the charterers”). By a further charterparty dated 15 July 2008 (“the July charterparty”) the owners chartered the reefer vessel Cape Town Star to the charterers. Each charterparty was on an amended Baltime 1939 form, was for a period of 36 months plus or minus 30 days, and contained a London arbitration clause. The object of the charterparties was to provide for the carriage of bananas from South America to Russian and Mediterranean ports.